Disclaimer and Waiver
This webpage sets out the Disclaimer and Waiver applicable to the Products and Services on this Site offered by JT COMMERCE PTY LTD (ACN 660 442 517) trading as SABER FORCE (Saber Force, we, us, our), including all information, tools and services available from this Site (Services) to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site or by purchasing a saber or any other product from us (Products), you agree to be legally bound by the Terms of Service found on our website at https://saberforce.com.au/policies/terms-of-service (Terms) and this Disclaimer and Waiver including any additional terms and conditions and policies referenced herein or available by hyperlink (Agreement).
By using this Site, purchasing our Products or using our Services offered on https://saberforce.com.au (our Site), you confirm that you have read, understood and accept the terms of this Disclaimer and Waiver. You are using or engaging in our Site, Products and Services voluntarily and acknowledge that your continuance to do so completely and unconditionally release Saber Force of all liability to the greatest extent allowed by law and that it cannot be changed other than in writing by Saber Force and yourself.
If any portion of this Disclaimer and Waiver is deemed by a court to be invalid, then the remainder of this Disclaimer and Waiver is to remain and the invalid provision (or provisions) removed.
- General Disclaimer
You understand, acknowledge and agree that:
- This constitutes full disclaimer and waiver together with any other instructions for the specific product freely available on our Site and with the Products themselves.
- Saber Force is not in any way associated or affiliated with DISNEY, LUCASFILM Ltd. or any Lightsaber franchise.
- You are choosing to use our Site and purchase our Products voluntarily.
- You expressly agree that your use of, or inability to use, our Products and/or Services is at your own risk. Everything on the Site, and our Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind.
- We do not guarantee, represent or warrant that your use of our Products and Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Products and Services will be accurate or reliable.
- We make no warranty, representation, or guarantee regarding the suitability of our Products for any particular purpose, nor do we assume any liability whatsoever arising out of your use of the Site, information available on the Site, or use of any Product or Service, outside of any requirements under law.
- All possible care has been taken in the preparation of the Site. However, specification and particulars in relation to our Products and Services on the Site are subject to change without prior notice. We will make every effort to ensure a Product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.
- Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control and we are not responsible for any delay in delivering our Products.
- From time to time we may remove our Products and/or Services for indefinite periods of time or cancel our Products and/or Services at any time, without notice to you.
- We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our Products and Services, and in accordance with the Site, and you further acknowledge and agree that the indemnities in this document are considered reasonable.
- Any injury or loss arising from any known or unknown defects or abnormal functionality of our Products or Services is not the responsibility of Saber Force and we will not be held liable for any such consequential loss or injury. Any replacement or refund of any of our Products and/or Services will be at the discretion of Saber Force.
- Nothing in this Disclaimer and Waiver limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- This clause applies to the fullest extent permitted by law and shall survive termination of this Agreement.
- Product Disclaimer
- By continuing to use this Site and/or purchasing our Products and/or Services, you acknowledge and agree that you are aware that our Products and Services may be inherently dangerous, and that operation of our Products can involve the risk of serious injury, disability, and/or property damage, which may result not only from your own actions, inactions or negligence, but the actions, inaction or negligence of others.
- By purchasing or using our Products, you agree that you do so at your own risk and it is your sole responsibility to correctly follow the instruction manual related to your particular Product.
- You acknowledge and agree that our Products contain small parts and are not suitable for children under 13 years as they may pose a choking hazard. The use of our Products by children aged 13 -18 must be supervised by an adult at all times.
- You acknowledge and agree that our Products must not be stored or used in or near water.
- You acknowledge and agree to use the supplied charging cable and to only charge the Products under supervision and for no more than 4 hours at a time. The battery must be charged away from a heat source. Do not use a battery with visible signs of damage or deformation. Avoid any impact on the battery, do not pierce or crush it.
- You and any person using the Products agree to wear proper safety protection for hands, body and face protection before using our Products for saber play, combat choreography or duelling. This includes but is not limited to: gloves, body armour, face masks, and helmets.
- Saber Force is not responsible for any injuries that result from saber play, combat choreography or duelling.
- You acknowledge and agree to not tamper or modify the sabers or remove any parts or screws from the hilt. Saber Force will not be liable for any damage or malfunction as a result of any modification of the Products.
- You acknowledge that there may be other risks not known to you or not reasonably foreseeable at this time. Notwithstanding the risk, you acknowledge that you are knowingly and voluntarily purchasing our Products and/or Services with an express understanding of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, and/or property damage arising from your ownership and/or operation of our Products.
- If you have any questions or concerns about how to safely use our Products, you can email your query to email@example.com and should await a response before proceeding. Any representations made to you in response to a query are for instructional purposes only and this Disclaimer and Waiver will apply to the extent of the information provided.
- Any testimonials and examples of our Products and Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our Products and Services.
- Liability Waiver
- To the extent permitted by Law and in consideration of being permitted to participate in our Services, you agree that you will not make, take or seek any Claim against JT COMMERCE PTY LTD (ACN 660 442 517) trading as SABER FORCE and its officers, directors, shareholders, employees, agents, independent contractors, heirs, executors, personal representatives, successors and assigns (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your engagement in and use of our Products and Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your participation in our Services.
- You acknowledge and agree that the Releasees will not be held liable for any injury or loss arising from your use of our Products, including but not limited to saber duelling, whether you have taken adequate safety precautions, such as but no limited to wearing helmets, body armour, during the use of our Products. You also acknowledge that Saber Force is not in any way responsible for any loss or damage of your personal property by the use of our Products or Services.
- Without limiting the above, you acknowledge and agree that in the event that you or those under your care are injured, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.
- You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Products and Services provided by us.
- You agree to hold harmless and indemnify the Releasees from any and all Claims made against or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your purchase of our Products and/or participation in our Services.
- This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
- This Disclaimer and Waiver operates jointly and severally in favour of the Releasees. © Progressive Legal Pty Ltd – All legal rights reserved (2022). This Disclaimer and Waiver was last updated on 17 October 2022.